Lawsuit seeks return of Sweetwater money

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A citizens group filed a lawsuit Tuesday calling for cancellation of more than $41 million in construction bond contracts with the Sweetwater schools and return of all money paid under the agreements.

The lawsuit argues that the contracts are void because they were approved by district officials who were compromised by accepting gifts in excess of state limits from the contractors in violation of state conflict-of-interest laws.

Four current and former officials of Sweetwater schools have been charged with accepting the meals, theater tickets and other gifts from construction companies, failing to disclose them, and then voting on their contracts. They have pleaded not guilty.

“District’s payment of money or delivery of other benefits under the contract constitutes an illegal expenditure of public resources,” claims the lawsuit, filed by attorney Cory Briggs on behalf of San Diegans for Open Government.

Briggs says he sent a letter via fax to the Sweetwater Union High School District on Jan. 16, asking the district to join in the suit seeking the money back from contractors.

Superintendent Ed Brand said he did not receive that letter until Tuesday and has not seen the lawsuit. He declined to comment.

Briggs included the district as a defendant. He is also suing terminated general contractor HAR Construction, former program manager Gilbane Building Co. and suspended program manager Seville Group.

The lawsuit lists Sweetwater contract awards totaling $48.5 million, but some of the amounts may be duplicative. At least $41 million are distinct contracts, and Briggs said change orders could add another $1 million.

Construction executive Henry Amigable worked for Gilbane, and his expense reports are the central evidence presented so far by the District Attorney’s Office, which has charged him with bribery.

Amigable’s lawyer has noted that dinners and other entertainment are a usual construction expense, and that his expenses were signed off by company executives. The companies have denied wrongdoing.

A spokesman for Gilbane did not respond to requests for comment.

Robert Nida, attorney for Seville Group, declined to comment.

Hector Romero, of HAR Construction, is quoted in District Attorney filings as saying he rented a Halloween costume for Superintendent Jesus Gandara, among other gifts. He said his gifts in no way induced contracts for his company.

“We were the lowest responsible bidders out of 30 people,” Romero said. “There’s no way that anyone can cheat, you don’t know what the other people are turning in.”

The District Attorney’s Office raided the homes of Sweetwater schools and Southwestern College officials on Dec. 20, then issued charges Jan. 4 against Sweetwater officials and Amigable.